Fresh Produce Export Quality Control Regulations, 2012 (SRO No. 30 of 2012)

2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL COMMONWEALTH OF DOMINICA ARRANGEMENT OF REGULATIONS REGULATIONS 1. Short title 2. Interpretation 3. Identification card 4. Application for licence and licence fee 5. Refusal of licence 6. Licence 7. Suspension or revocation of licence 8. Application registration and registration fee 9. Refusal of registration 10. Certificate of registration 11. Suspension or cancellation of registration 12. Inspection SCHEDULE 1 SCHEDULE 2 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL COMMONWEALTH OF DOMINICA STATUTORY RULES AND ORDERS NO. 30 of 2012. REGULATIONS MADE By the Minister under section 50 of the Fresh Produce Export Quality Control Act 2009 (No. 2 of 2009). (Gazetted 13th September,2012). 1. These Regulations may be cited as the FRESH PRODUCE EXPORT QUALITY CONTROL REGUALTIONS, 2012. 2. In these Regulations “the Act” means the Fresh Produce Export Quality Control Act 2009. 3. An identification card issued under section 6(2) of the Act must be in Form 1 set out in Schedule 2. 4. (1) An application for a licence under section 9(2) of the Act must be in Form 2 set out in Schedule 2. (2) The application fee for a licence under section 9(3) of the Act is as specified in Schedule 1. 5. (1) A notice of intention to refuse an application for a licence under section 10(1) of the Act must be in Form 3 set out in Schedule 2. Short title. Interpretation. Identification card. Application for licence and licence fee. Schedule 2. Refusal of licence. Act No. 2 of 2009. Schedule 2. Schedule 1. Schedule 2. 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL (2) A notice of refusal of an application for a licence under section 10(5) of the Act must be in Form 4 set out in Schedule 2. 6. (1) The licence fee payable under section 11(1) of the Act is as specified in Schedule 1. (2) A licence issued under section 11(2) of the Act must be in Form 5 set out in Schedule 2. 7. (1) A notice of intention to suspend or revoke a licence under section 17(2) of the Act must be in Form 6 set out in Schedule 2. (2) A notice of suspension or revocation of a licence under section 17(3) of the Act must be in Form 7 set out in Schedule 2. 8. (1) An application for registration of a packing house under section 21(2) of the Act must be in Form 8 set out in Schedule 2. (2) The application fee for registration of a packing house under section 21(3) of the Act is as specified in Schedule 1. 9. (1) A notice of intention to refuse an application for registration under section 23(2) of the Act must be in Form 9 set out in Schedule 2. (2) A notice of refusal of an application for registration under section 23(5) of the Act must be in Form 10 set out in Schedule 2. 10. (1) The registration fee payable under section 24(1) of the Act is as specified in Schedule 1. (2) A certificate of registration issued under section 24(1) of the Act must be in Form 11 Schedule 2 . Licence. Suspension or revocation of licence. Application for registration and registration fee. Schedule 2. Refusal of registration. Certificate of registration. Schedule 1. Schedule 1. Schedule 2. Schedule 2. Schedule 2. Schedule 2. Schedule 2. Schedule 2. Schedule 1. Schedule 2. 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL 11. (1) A notice of intention to suspend or cancel registration under section 32(2) of the Act must be in Form 12 set out in Schedule 2. (2) A notice of suspension or cancellation of registration under section 32(3) of the Act must be in Form 13 set out in Schedule 2. 12. (1) An application for inspection under section 38(1) of the Act must be in Form 14 set out in Schedule 2. (2) The inspection fee under section 38(2) of the Act is as specified in Schedule 1. (3) A certificate of inspection issued under section 39(1) of the Act must be in Form 15 set out in Schedule 2. SCHEDULE 1 (Regulations 4(1), 5(2), 8(2), 10(1) and 12(2)) FEES Description Section of Act Fee Fresh Produce Export Quality Control Licence Application fee 9 (3) $ 25 Licence fee 10 (1) $ 25 Registration of packing houses Application for registration 21 (3) $ 50 Suspension cancellation of registration. Inspection. Schedule 2. Schedule 2. Schedule 2. Schedule 1. Schedule 2. 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL Registration fee 24 (1) $100 Inspection Inspection fee 38 (2) $ 50 SCHEDULE 2 FORM 1 (Regulation 3) IDENTIFICATION CARD Fresh Produce Export Quality Control Act-Section 6(2) ID No. Photograph [Logo of Authority] IDENTIFICATION CARD Fresh Produce Export Quality Control Inspector Section 6(2) Fresh Produce Export Quality Conrol Act 2009 Name: Address: ................................................ Signature of inspector Valid [date] to [date] 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 2 (Regulation 4 (1)) APPLICATION FOR FRESH PRODUCE EXPORT QUALITY CONTROL LICENCE Fresh Produce Export Quality Control Act - Section 9 (2) 1. (a) Name of Applicant (Company name): (b) Address (c) Telephone No. (d) Fax No. 2. State below full names and home addresses of owner. all partners and/or directors (Please include title). Use separate sheet if necessary NAME ADDRESS TITLE 3. Business is (Check one): Owned by one person (yourself) A Partnership A grower’s co-operative association A body corporate A registered company Others, (specify) 4. Destination of market Regional market Extra-regional market Countries (specify): 5. Commodities handled or grown in commercial quantities: fruits flowers root crops vegetables nuts other (specify) 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL 6. Please provide and indicate the documentary evidence of satisfactory facilities for packing produce. Please tick and complete the appropriate evidence present: (a) Certificate of Registration of packing house Reg No. (b) Letter authorizing use of valid packing house (original signatures) Photocopy of valid Certificate of Registration of a packing house Reg No. (c) Copy of lease agreement for packinghouse Photocopy of valid certificate of registration of a packinghouse Reg No. 7. Has the applicant had a licence or certificate of registration of registration issued under the Fresh Produce Export Quality Control Act revoked or suspended? Yes No 8. Application fee - A non-refundable application fee to be attached. Note: Submission of a complete application form and the prescribed fee does not authorize the applicant to engage in regional or extra-regional trade. 9. Type of applicant (check one): New Re-application (state previous licence number) I hereby certify that the foregoing information is to the best of my knowledge true and correct and authorise the Director of the Fresh Produce Export Quality Control Authority or his or her designate to verify any information pertaining to this licence application. I understand that any false or misleading statements made by me will result in the rejection of this application. Date Signature of applicant Official position within the Company 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FOR OFFICIAL USE OF THE AUTHORITY Application received on Fee collected by Date Amount Fee attached Date Amount Application recommended/rejected Date Licence No. If rejected, reason for rejection NOTES Each section of the application should be completed and legible. Section 1 (a) and (b) - The name and address of the applicant refer to the individual or the company’s name and address. Section 2 - The names and addresses of the owners, partners and directors are considered some of the most important information obtained from a licence application. These are normally the individuals who are responsible for making the fair and ethical business decision for the applicant. A careful check of these individuals ensures that they have not used unethical or unfair trade practices in the past. Please ensure it is completed accurately. Section 3 - Indicate by ticking the correct box whether the business is owned by one person, a grower’s co-operative association, a partnership, a company or a body corporate. Section 4 - Destination of Market - It is important to provide information as to whether the exporter is supplying regional or extra regional markets or both. 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL Section 5 - Commodity boxes should be checked for the commodities that are handled, as well as circled for commodities which the applicant grows. Section 6 - A detailed description of the applicant’s suitable facilities or packing house is essential. An indication of the location if different from the applicant address is also required. Section 7 - Indicate by ticking the correct box whether your licence has been previously suspended or revoked. Section 8 - The appropriate fee must be indicated by ticking the correct box. Section 9 - Please ensure that the appropriate box indicating whether the application is new or a re-application. In addition it is important to ensure that the applicants’ signature and the date of the application are indicted. It is preferred if the signature is one of the principal officers listed in seciton 2 of the application form. However anyone acting on behalf of the applicant my sign. If the application for a licence is approved, a licence will be issued. The licence will be mailed to the applicants business address or if requested may be collected from a designate inspection office. LICENSING OF RE-APPLICANTS An application form is sent diretly from the main office of the Fresh Produce Export Quality Control Authority to each licensee approximately 6 weeks prior to the expiry of their current licence together with a covering letter. When assessing a re-application, the information and documentation required on an initial application are required here. 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 3 (Regulation 5 (1)) NOTICE OF INTENTION TO REFUSE LICENCE Fresh Produce Export Quality Control Act - Secion 10 (2) Name of Applicant: Address of Applicant: You are hereby notified that the Authority, having considered your applicatin for a Fresh Produce Export Quality Control licence made on [date] and having regard to section 10 (3) of the Fresh Produce Export Quality Control Act, intends to refuse to grant the licence on the following grounds: [List of grounds] You are hereby given [number of days] from the date of this notice to make written representations to the Authority to show cause as to why the application should be granted. Date .......................................... Director Stamp of Authority 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 4 (Regulation 5 (2)) NOTICE OF REFUSAL OF LICENCE Fresh Produce Export Quality Control Act - Section 10 (5) Name of Applicant: Address of Applicant: You are hereby notified that the Authority, having considered your application for a Fresh Produce Export Quality Control licence made on [date] and having regard to section 10 (3) of the Fresh Produce Export Quality Control Act and your written representations, if any refuses to grant a licence on the following grounds: [List of grounds]: You have a right to appeal the refusal under section 47 of the Act by submitting a notice of appeal to the Appeals Tribunal within 7 days of the receipt of this notice. Date ............................................. Director Stamp of Authority 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 5 (Regulation 6 (1)) FRESH PRODUCE EXPORT QUALITY CONTROL LICENSE Fresh Produce Export Quality Control Act - Section 11 (2) Surname: First/ Middle Name: PHOTO Date Issued: Expiry Date: Licence Number Address: Authority This is to certify that the above-named applicant stamp with picture affixed is licensed under the Fresh Produce Export Quality Control Act of Dominca to engage in the export trade of fresh produce until such time as this license is suspended, revoked or expired. .............................................................. .................................................. Signature of Licensee Director 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 6 (Regulation 7 (1)) NOTICE OF INTENTION TO SUSPEND OR REVOKE LICENCE Fresh Produce Export Quality Control Act - Section 17 (2) Licence No. Name of Licensee: Address of Licensee: You are hereby notified that the Authority, intends to suspend/revoke* your fresh produce quality control licence on the following grounds: [List of grounds]: You are hereby given [number of days] from the date this notice to make written representations to the Authority to cause as to why the licence should not be suspended/revoked*. * Delete as appropriate. Date .................................. Director Stamp of Authority 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 7 (Regulation 17 (3)) NOTICE OF SUSPENSION OR REVOCATION OF LICENCE Fresh Produce Export Quality Control Act - Section 17 (2) Name of Licensee: Address of Licensee: You are hereby notified that your Fresh Produce Quality Control licence, Licence No. [ ] has been suspended until [ ] /revoked* on the following grounds: [List of grounds]: You have a right to appeal the refusal under section 47 of the Act by submitting a notice of appeal to the Appeals Tribunal within 7 days of the receipt of this notice. * Delete as appropriate. Date .......................................... Director Stamp of Authority 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 8 (Regulation 8 (1)) APPLICATION FOR REGISTRATION OF A FRESH PRODUCE PACKING HOUSE Fresh Produce Export Quality Control Act - Section 21 (2) Name and address of company / individual: Telephone Number: Fax Number: Name and Home Address of Owner (s) or Partner (s) Surname, Given Name and Initials Address Title Business is : Owned by one Person - Yourself ( ) Partnership ( ) A Growers Cooperative ( ) A Corporation ( ) Have You another registered packing house under this Act? Yes ( ) No ( ) Are you a licensed exporter of fresh produce? Yes ( ) No ( ) Specify Licence Number: Name of Person responsible for the supervision of the preparation fresh produce for export: Name and Address of packing house for which registration is requested: List the kind of produce prepared for export in this packing house: List major grading, packaging and handling equipment 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL APPLICATION FEE TO BE ATTACHED IN CASH BY CHEQUE, MONEY ORDER OR BANK DRAFT TO BE MADE PAYABLE TO THE DOMINICA BUREAU OF STANDARDS I hereby certify that the information included in this application is, to the best of my knowledge, correct and that I understand that any false or misleading statements made by me will result in the rejection of this application. I further acknowledge that i have read and am fully familiar with the provisions respecting packing house under the Fresh Produce Export Quality Control Act. Signature of Applicant Official Capacity Date: FORM 9 (Regulation 9 (1)) NOTICE OF INTENTION TO REFUSE REGISTRATION Fresh Produce Export Quality Conrol Act - Section 23 (2) Name of applicant: Address of applicant: Location of premises: You are hereby notified that the Authority, having considered your application for registration of a packing house made on [date] and having regard to section 23 (3) of the Fresh Produce Export Quality Control Act, intends to refuse you applications on the following grounds: 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL You are hereby given [number of days] from this notice to make written representations to the Authority to show cause as to why the application should be granted. Date ............................................... Director Stamp of Authority FORM 10 (Regulation 9 (2)) NOTICE OF REFUSAL OF REGISTRATION Fresh Produce Export Quality Control Act - Section 23 (5) Name of Applicant: You are hereby notified that the Authority, having considered your application registration of a packing house made on [date] and having to section 23 (3) of the Fresh Produce Export Quality Control Act, intends to refuse you applications on the following grounds: You are hereby given [number of days] from the date this notice to make written representations tot he Authority to show cause as to why the packing house should be registered. Date ......................................... Director Stamp of Authority 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL FORM 11 (Regulation 10 (2)) CERTIFICATE OF REGISTRATION OF REGISTRATION Fresh Produce Export Quality Control Act-Section 24 (1) This is tocertify that the packing house described below has been registered under the Fresh Produce Export Quality Control Act, 2009. VALID: Authority’s Seal REGISTRATION NUMBER: (NAME/COMPANY AND ADDRESS) This licence must be placed in a prominent place in the establishment. FORM 12 (Regulation 11 (1)) NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION Fresh Produce Export Quality Control Act - Section 32 (2) Registration No: Name of holder of certificate of registration: Address of holder of certificate of registration: Location of packing house: 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL You are hereby notified that the Authority, intends to suspend/ cancel* registration of the packing house and the certificate of registration in your name on the following grounds: [List of grounds:] You are hereby given [number of days] from the date this notice to make written representations to the Authority to cause as to why the registration should not be suspended/cancelled*. *Delete as appropriate. Date ...................................... Director Stamp of Auhtority FORM 13 (Regulation 11 (2)) NOTICE OF SUSPENSION OR CANCELLATION OF REGISTRATION Registration No: Name of holder of certificate of registration: Address of holder of certificate of registration: Location of packing house: You are hereby notified that the registration of the packing house and the certificate of registration in your name has been suspended until [ ]/cancelled* on the following grounds: 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL [List of grounds:] You are have a right to appeal the suspension/cancellation* under section 47 of the Act by submitting a notice of appeal to the Appeals Tribunal within 7 days of the receipt of this notice. *Delete as appropriate. Date ........................................ Director Stamp of Authority FORM 14 (Regulation 12 (1)) APPLICATION FOR INSPECTION OF FRESH PRODUCE Fresh Produce Export Quality Control Act - Section 38 (1) Name of Applicant/Licensee/Company Requested Date Inspection Re-Inspection Appeal Inspection Name of Contact Telephone Fax Time Exporter/Packer’s Name and Address Location of Produce To Be Inspected Packing House Name and Address: Inspection Requested For: Grade to which the insepection is requested: Grade Certification for Minimum Extra Class Requirements for Export Grade 1 Grade Certification for Specific Market Grade 2 Other (specify) Other (Specify) 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL Product Quantity Number of units Package Brand/Identifying Marks/Markings (packages) Type Applicants Comments/Obervations Date Applicant’s Signature Print Name FORM 15 (Regulation 12 (3)) CERTIFICATE OF INSPECTION Fresh Produce Export Quality Control Act -Section 39 (2) 3 COMMONWEALTH OF DOMINICA Certificate No. Inspection Point (1) Requested (2) Inspected (3) Date / / Hour Date / / Start End Name and Address of Applicant (4) Licence Number (5) Inspection Fees (6) Name and Address of onsignee (7) Package/Container Markings (8) Product (9) # Class/Grade No. and Kind Product Size Colour Maturity Declared (10) of Packages (11) (12) (13) (14) Aircraft/Air Waybill # (15) Product Outside Packing House Temp (16) Temp (17) Temp (16) °C °C °C Carrier/Carrier I. D (19) Condition of Load (20) 2012 FRESH PRODUCE EXPORT S.R.O. 30 QUALITY CONTROL Condition of Packages and Pack (21) In Good Order, Properly Packed Condition (22) No decay in evidence Quality Class/ Within tolerances See Comments Grade (23) See Comments Meet the requirements of the Fresh Meet the requirements specified Product Export Quality Control by the Fresh Produce Standards Act, 2009 Fails to meet the requirements of the Fails to meet the requirements Fresh Produce Export Act, 2009 specified by the Fresh Produce Standards Comments/Observations I certify that on the date(s) shown on this certificate, I inspected samples believed by me to be representative of the described lot, and that the quality and/or condition shown by the said sample on the date(s) were stated. Inspector Signature and Printed Name (25) Stamp (26) This certicate is valid for a period of three (3) days after the inspection date as stated in Box 3. Made this 3rd day of September, 2012. JOHN COLLIN MCINTRYE Minister for Trade DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price $4.60 cents )